009-19 - Resolution - Code Enforcement Officer and City Attorney to Initiate a Lawsuit for 1691 SE Crawford RoadRESOLUTTON NO. 009-19
A RESOLUT ON OF THE CITY OF PORT ORCHARD, WASH NGTON, AUTHORIZING
THE CODE ENFORCEMENT OFFICER AND CITY ATTORNEY TO NITIATE A LAWSU T
IN KITSAP COUNTY SUPERIOR COURT TO OBTA N A WARRANT OF ABATEMENT
FOR THE OWNER OF 1691 SE CRAWFORD ROAD.
WHEREAS, the City of Port Orchard has been pursuing the abatement of 1691 SE Crawford
Road under the provisions of Chapter 35.80 RCW, as adopted by Port Orchard Municipal Code
(POMC) Section 2O.2L2 POMC; and
WHEREAS, the current owner, Jessica Francis, purchased the property, located at 1691 SE
Crawford Road, Port Orchard, Kitsap County, Washington in August 2008; and
WHEREAS, it is unclear whether the purported lienholder, Sharon L. Miller, still holds a
lien on the property; and
WHEREAS, in 2009, Kitsap County initiated an enforcement action against the property
and property owner for replacement of doors, windows, and siding without a permit. The owner
applied for and was granted a permit, but failed to call for inspection, and on August L6,2OLO,
the permit expired. The permit was never reactivated, and the doors, windows, and siding have
not been inspected and, therefore, do not comply with the City's Building Code; and
WHEREAS, on September 22,2072, Port Orchard Police, responding to an incident at the
property, found a family living in the garage, which had: no bathroom, running water, kitchen
facilities, or fixed heat source; bare plywood floors; and, no functioning electricity except for an
extension cord running from the house to power a portable heater; and
WHEREAS, on February L2, 2OL4, Code Enforcement Officer Katherine Woodside again
found the garage and enclosed carport occupied, along with nuisance conditions on the property.
Officer Woodside spoke to Joseph Arredondo, Property Manager for the owner, about the
conditions and, on March 6,2OL4, issued a Notice and Order for the Abatement of an Unsafe or
Unlawful Condition, requiring cleanup of the property and returning the garage area back to a
garage within 14 days; and
WHEREAS, on July L0, 20L7, Code Enforcement Officer Doug Price and officials of other
agencies inspected the property, having notified the owner of, and the tenant on, the property
in advance of the inspection, finding garbage, inoperable vehicles, and other nuisance conditions.
ln addition, it appeared there were multiple other people living on and about the prop€rty, in the
garage, carport, and vehicles. The tenant of the property denied this, did not allow an inspection
of the interior of the house, and claimed to be willing to allow an inspection of the
garage/carport, but unable to find the key. The owner did not respond to subsequent attempts
to contact her by mail and e-mail regarding the condition of the property and associated
buildings; and
Resolution No. 009-19
Page 2 of 4
WHEREAS, on October 26, 2Ot7, Officer Price, Port Orchard Police Officers, and a
representative of Child Protective Services contacted a family in the garage on the property. The
family did not allow an inspection of the interior, but said they were paying rent to Iive in the
garage and the owner knew they were living there. The garage, and the deck from the garage to
the house, were dilapidated. The roof was leaking and covered with a tarp. What amounted to
a living room, for those not living in the house itself, was set up under a tarp on the back patio;
and
WHEREAS, on April 5,2OL8, Officer Price inspected the buildings with Ernie Arredondo,
son of Joseph Arredondo, the property manager. The garage and carport were vacant, except
for a portion of the carport that had apparently been enclosed and incorporated into the house
as a bedroom by removal of the exterior wal! of the house. Most of the front wall of the garage
had been removed to create a continuous space with the enclosed carport, leaving the roof
unsupported. What was visible of the building was badly deteriorated and the wiring was
modified in a substandard manner. The rest of the garage and carport could not be assessed due
to the substantial quantity of furniture, junk, and trash inside and out. Arredondo and the tenant
agreed to get them cleaned up and ca!! for reinspection. The rear floor of the house, in the area
of the water heater, appeared to be collapsing; and
WHEREAS, there was no further contact from the property owner, the tenant on the
property, or the property manager, the house remained occupied, and there was no apparent
change in the condition of the property or associated buildings; and
WHEREAS, due to dilapidation, damage, and/or improper and unpermitted construction,
modification, and occupancy, the buildings/structures on the property were deemed to be
dangerous or unfit for human habitation or other uses, as defined by POMC 2O.2L2.O40; and
WHEREAS, on August L4,2OL8, the City issued a Complaint and Notice of Hearing, stating
in what respects the property is dangerous or unfit, and giving notice that a hearing would be
held on August 30, 2OL8, at which hearing all parties in interest would be given the right to file
an answer to the complaint, to appear in person or otherwise, and to give testimony at the time
and place in the complaint; and
WHEREAS, the City accomplished proper service by posting the Complaint and Notice of
Hearing in a conspicuous place on the property in accordance with POMC 2O.2L2.O50, as well as
by mailing the same by certified and regular first class mail to the owner at the mailing address
on record with the Kitsap County Treasurer-Assessor and to the purported lienholder at the
mailing address on record with the Kitsap County Auditor, and recorded the Complaint and
Notice with the Kitsap County Auditor; and
WHEREAS, on August 30, 2018, a hearing was held before the Community Development
Director, Nick Bond, at which hearing, Officer Price testified and presented photographs and
documents regarding the condition and ownership of the building(s) and property; and
Resolution No. 009-19
Page 3 of 4
WHEREAS, Contractor Alfred Capdepon appeared on behalf of the property owner and
testified to the following facts: that he had viewed the property that morning and agreed that it
was a mess, but the garage was vacant; that they were already working on cleaning up; that the
owner did not authorize the subletting of the building and property nor the modifications to the
buildings; and, that he believed the owner did not follow through on the 2009 window and door
permit because she decided not to change the windows and doors. He raised questions as to
whether or not the apparently added bedroom was, in fact, an addition or was original, but did
not have any direct knowledge or information to provide regarding the question; and
WHEREAS, at the hearing, Mr. Capdepon did not present a plan to correct the violations,
but was offered the opportunity to provide a plan for consideration, as long as it is delivered to
the City in time to be considered prior to the issuance of the City's Findings and Order; and
WHEREAS, a proposed course of action and timelines was submitted by Mr. Capdepon on
September 6, 2OL8. According to that document, the wall on the front of the carport, the
breezeway connecting the garage and carport, and make-shift wiring had all been removed, a
garbage dumpster had been ordered and paid for, and subletting of the property would no longer
be allowed; and
WHEREAS, according to Kitsap County records, as testified to by Officer Price, the 2009-
L0 permit for windows, doors, and siding was applied for in response to County enforcement,
because the windows, doors, and siding had already been changed without permits; and
WHEREAS, Officer Price further testified that, on the inspection date(s) specified above,
the buildings on the Property were dangerous, unfit for human habitation or other use, and a
public nuisance, as defined by POMC 20.212.040; and
WHEREAS, the City filed its Findings and Order on September LO,2OL8, finding that the
property contains dangerous buildings, as contemplated by Chapter 35.80 RCW and Chapter
20.212 POMC and is properly subject to abatement under these legal authorities. ln addition,
the building(s) and property are public nuisances, attracting and harboring vagrants, and creating
fire, health, and safety hazards; and
WHEREAS, the City accomplished proper service by posting the Findings and Order in a
conspicuous place on the property in accordance with POMC 2O.2L2.O60, as well as by mailing
the same by certified and regular first class mail to the owner at the mailing address on record
with the Kitsap County Treasurer-Assessor and to the purported Iienholder at the mailing address
on record with the Kitsap County Auditor, and recorded the Complaint and Notice with the Kitsap
County Auditor; and
WHEREAS, neither the property owner nor lienholder filed an appeal of the Findings and
Order; and
Resolution No.009-19
Page 4 of 4
WHEREAS, to date, the dangerous property/buildings have not been abated; the property
and carport have again become filled with junk, and the dilapidated, unsafe garage appears to
again be in use; and there has been no further work, contact, or response from the parties
responsible for the Property; and
WHEREAS, the next step to secure compliance with the City's Findings and Order is to
obtain a Warrant of Abatement from the Kitsap County Superior Court; and
WHEREAS, authorization to initiate lawsuits on behalf of the City must be obtained from
the Port Orchard City Council, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASH NGTON, HEREBY RESOLVES
AS FOTLOWS:
L. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth fully herein.
2. Authorizotion. Authorization to initiate a lawsuit on behalf of the City of Port Orchard,
seeking to obtain a Warrant of Abatement for the property located at L691 SE
Crawford Road in Port Orchard, Washington, is hereby provided to the Port Orchard
Code Enforcement Officer and the City Attorney, who ffiay, as representatives of the
City, undertake such actions as are necessary and appropriate to pursue such lawsuit
on behalf of the City.
3. Severabilitv. lf any one or more sections, subsections, or sentences of this Resolution
are held to be unconstitutional or invalid, such decision shall not affect the validity of
the remaining portion of this Resolution and the same shal! remain in full force and
effect.
4. Effective Dote. This Resolution shall take effect immediately upon its passage.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 26th day of March 2OL9.
ATTEST
n R ne arson, MMC, City Clerk
Robert Putaa u, Mayor
g.F o